Oath Commissioner also known as a Commissioner of Oath is a qualified fresh lawyer appointed by the Registrar of High Court under the provisions of the Law. Commissioners of oaths are persons who are empowered under provincial or state legislation to administer and witness the swearing of oaths or solemn affirmations in the taking of an affidavit for any potential legal matter. Commissioners of oaths are also empowered to witness any declaration as required under a statute.
An oath commissioner is responsible only to certify that the required oath or affirmation or declaration has been properly administered in his presence. It is the responsibility of the Oath commissioner to administer the oath or declaration in the manner prescribed by law. This requires that the deponent be physically present before the commissioner of oaths.
Also, the commissioner of oaths must be satisfied about the authenticity of the deponents or decolourant’s identity and signature before he/she can sign the document themselves. This profession of Oath Commissioner is adopted by those fresh law graduates who are not able to pursue legal practise due to some financial constraints.
Below three years and above two years of practice as an advocate is the qualification for becoming an Oath Commissioner.
To be an Oath Commissioner one has to follow the below given steps:
To become an Oath Commissioner, one has to first possess a degree in L.LB. To get the L.LB degree the eligible candidate has to undertake an entrance test conducted by Law departments of various universities of the India or the independent law schools/ Institutions. CLAT (Common Law Admission Test) being one of the most sort after ways to get into law career.
CLAT is conducted every year to admit students into 5 year integrated B.A L.LB Degree Course in top ten of the national law schools.
CLAT consists of questions from the topics such as:-
Once degree in hand and after the successful completion of the course every graduate has to complete the mandatory internship as per the norms of the institutions.
After completion of the internship one has to enrol himself/herself as an advocate in any of the State Bar Council regulated by the Advocates Act, 1961 to become a practicing advocate and get necessary experience to apply for the notary license.
Practicing advocates whose practice is less than 3 years and they are not satisfied with their financial gain have to put an application to Registrar of High court stating that I am not capable of leading my livelihood from the profession then the registrar may consider and grant a certificate of appointment as Oath commissioner
Note: Certificate of appointment is valid only for a limited time (3 years) just to encourage the profession but no extension thereafter.
Oath Commissioner works in the local courts.
Financial success of an Oath commissioner depends entirely upon his knowledge complemented by his public relation. On an average an Oath Commissioner can earn as good as Rs.500 per day or more for his services.